R RIZWAN Vs. R WAHETHA BEGUM

JUDGEMENT

(1.) For the death of one Abdul Rasheed in a motor accident that took place on 23.11.1990, two M.C.O.Ps. have been filed before the Motor Accidents Claim Tribunal (Chief Judge, Small Causes Court) at Madras. M.C.O.P.No.3023 of 1990 has been filed by the wife and minor son of the deceased; the wife filed the petition as guardian of her minor son. M.C.O.P.No.903 of 1991 has been filed by the parents, brothers and sisters of the deceased. Also the minor son of the deceased has been shown as a claimant, represented by the paternal grandfather of the minor, as guardian of the minor son of the deceased. In M.C.O.P.No.903 of 1991, the wife of the deceased was not impleaded as party; in M.C.O.P.No.3023 of 1990, the parents as well as brothers and sisters of the deceased were not impleaded. In M.C.O.P.No.3023 of 1990, claim was made for a sum of Rs.2,00,000/-; in M.C.O.P.No.903 of 1991, claim was made for Rs.6,00,000/-. The minor son of the deceased is a petitioner in both the M.C.O.Ps. The Tribunal has not passed any order declaring either the mother of the minor or grandfather of the minor as guardian; both the M.C.O.Ps. were tried together and a common award has been passed.

(2.) The wife of the deceased has been examined as P.W.1; the father of the deceased has been examined as P.W.2; also five other witnesses were examined; Exs.P.1 to P.15 were marked. On the side of the respondents, one witness by name N.G. Arumugam was examined; one document has been marked as Ex.R.1. Considering the evidence both oral and documentary, the Tribunal found the driver of the motor vehicle negligent. The Tribunal awarded a sum of Rs.2,59,000/- as compensation payable together with interest at the rate of 12 per cent from the date of petition till the date of payment; It granted one month time for payment, in default the interest is payable at the rate of 15 per cent for the said amount. Further, the Tribunal apportioned the amount as follows:

(3.) Aggrieved by the award of the Tribunal, C.M.A.No.524 of 1996 has been filed challenging the award in M.C.O.P.No.3023 of 1990 by the minor Rizwan, represented by the grandfather of the minor; the mother of the minor, the first petitioners therein has been arrayed as first respondent. C.M.A.No.1323 of 1996 has been filed challenging the award in M.C.O.P.No.903 of 1991 by the parents of the deceased and the brothers and sisters of the deceased. The minor son of the deceased is also included as an appellant. The grandfather of the minor has filed as guardian for the minor.